How do I get the court to consider my ex wifes earning potential when it comes to child support payments. How do I even find out if she works. I know she goes to school, I know at one time she had a job. Isn’t there a law that says her earning potential is to be considered. I have moved to a different state. She has broken every thing that was agreed on. She cohabitated for 3 months before she got married. The guy she is now married to has court cases pending for felony crimes, dui, and a few other charges.
If your ex is reducing her income in bad faith the court can impute income to her based on her earning capacity. If you have an ongoing court case you may obtain your ex’s bank records either through a formal request for production of documents or subpoena to see if she is earning income at this time.